United States v. 154 Manley Road

91 F.3d 1, 1996 U.S. App. LEXIS 18726, 1996 WL 415872

• Court: Court of Appeals for the First Circuit
• Decided: July 30, 1996
• Docket: 96-1170
• Status: Published

Opinion

PER CURIAM.

The government appeals from a decision of the district court dismissing its civil forfeiture claim as violative of the Double Jeopardy Clause of the Fifth Amendment. United States v. 154 Manley Rd., 908 F.Supp. 1070, 1083 (D.R.I.1995). The parties agree, and we are likewise persuaded, that the judgment below must be vacated in light of the Supreme Court’s recent decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996) (holding that in rem civil forfeitures under 21 U.S.C. § 881(a)(7) are neither “punishment” nor criminal for purposes of the Double Jeopardy Clause), and the case remanded for further proceedings. See Loc.R. 27.1.

Vacated and remanded.